• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Smog test rules and laws in CA

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

smallclaims101

Junior Member
What is the name of your state? california

I am having an issue with an unsmoggable car. Basically, I bought one from a private seller and returned it due to its unsmoggability. He did not return my money, however, so I took him to court.

My question is, does the fact that he sold me an unsmoggable car qualify this as a "fraudulant" exchange, and if so, how do I prove it at his bankruptcy meeting?

Other possibility: The car has visibly been in at least one accident (you can see the ripples in the rear of the body over the tires) but the title claims it is clean. Don't have pictures and the car is in his possession.

Thanks!
 


dallas702

Senior Member
You took the seller to court and you were ordered to give the car back to him and he was ordered to return your money. Is that right? Now, he's not returning your money, and has included the debt in a bankruptcy filing. Right so far?

The condition of the car doesn't matter at this point because he already had to take it back. Proving fraud because it wouldn't pass smog would be almost impossible unless you have written guarantees....and he has the car back. Other conditions of the car don't mean anything.

You can challenge his bankruptcy filing for your debt, but not on any of the basis you named. The only thing you can challenge is whether or not he has the ability to pay you what he owes you. How your court ordered refund stands against other debts is the issue that the bankruptcy court can tell you.
 

racer72

Senior Member
smallclaims101 said:
Other possibility: The car has visibly been in at least one accident (you can see the ripples in the rear of the body over the tires) but the title claims it is clean. Don't have pictures and the car is in his possession.

Thanks!
Just because the car was in an accident and has body damage does not mean it was totalled by an insurance company. This point is irrelevent to you claim. If the damage was on the car when you purchased it, you accepted the car with the damage.
 

smallclaims101

Junior Member
Car/Money Exchange

Thanks for the info.

What actually happened was, he promised to return my money on a future date so I returned the car in good faith. Then, later on, he refused over and over to pay me, not mentioning anything about being anywhere near bankruptcy (btw, he lives with his parents and pays no rent or utility...age, well over 18). So the court ordered him to pay me for the whole issue. Now we are on to his bankruptcy...for which he can afford a lawyer...but i guess that is beside the point.

Basically, I know this guy is a "bad seed," but, obviously, that means nothing in court. He completely screwed me over, knowing the whole time that was the case and I am desparately trying to figure out how to prove that against a lawyer, being without one myself. Just so you know where I am coming from.

Thanks again.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top